SEC NEWS DIGEST
Issue 2002-185 September 24, 2002
ENFORCEMENT PROCEEDINGS
IN THE MATTER OF G. BRADLEY TAYLOR
On September 24, an administrative law judge issued an initial decision
in the Matter of G. Bradley Taylor. The Order Instituting Proceedings
alleged that G. Bradley Taylor willfully violated Section 17(a) of the
Securities Act of 1933, Section 10(b) of the Securities Exchange Act of
1934, and Rule 10b-5 thereunder, by failing to disclose to his customers
that he was receiving compensation for recommending the purchase of
First Entertainment, Inc., stock to his customers.
The initial decision sustained all allegations. As relief, the
administrative law judge imposed a bar and a cease-and-desist order on
G. Bradley Taylor. (Initial Decision No. 215; File No. 3-9955)
ADMINISTRATIVE PROCEEDINGS SETTLED AGAINST TYRONE KILLEBREW
The Commission announced that it accepted the settlement offer of Tyrone
Killebrew (Killebrew) and issued an Order Making Findings and Imposing
Sanction and Cease-and-Desist Order (Order) on September 23. The Order
finds that Killebrew willfully violated, and committed or caused,
violations of the antifraud and the broker-dealer registration
provisions of the federal securities laws. Killebrew consented to the
issuance of the Order, without admitting or denying the findings
therein.
According to the Order, in April and May 1996, Killebrew and an
associate offered and sold unregistered one-year promissory notes issued
by a start-up communications company for a 25 percent commission. The
Commission's Order further finds that Killebrew made material
misrepresentations and omissions, including: that an investment in the
convertible notes posed little or no risk; that the issuer had an
enormous potential for profit; that the issuer owned rights to the
communications technology it sought to develop; that investors could
profit from an initial public offering by the issuer, and that
Killebrew's associate had personally invested $1.6 million in the
issuer. The issuer is no longer in business, and investors never
received any return on their investment.
Additionally, the Commission's Order finds that before BNB Capital, Inc
was registered with the Commission as a broker-dealer, Killebrew agreed
to have BNB offer a private placement of the unregistered common stock
of a lighting company, in return for its expenses and a 10 per cent
commission. Between February 1997 and July 1997, BNB, by and through
Killebrew and his associate, raised approximately $1.5 million from the
sale of the lighting manufacturer's stock before BNB's registration
became effective. Accordingly, the Order finds that Killebrew acted as
an unregistered broker-dealer.
Pursuant to the Order, Killebrew is ordered to cease and desist from
committing or causing any violation and any future violation of Section
17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the
Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5
thereunder. Further, Killebrew is barred from association with any
broker or dealer, with the right to reapply for association after one
year. Finally, Killebrew was ordered to pay disgorgement of $5,000 plus
prejudgment interest; however, disgorgement was waived and Killebrew was
not ordered to pay a civil penalty based on his sworn representations in
his Statement of Financial Condition and other documents submitted to
the Commission. (Rels. 33-8132; 34-46530; File No. 3-10286)
ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS INSTITUTED AGAINST OXFORD
CAPITAL MANAGEMENT, INC. AND JOHN DANZ, JR.
The Commission announced that on September 23 it instituted public
administrative and cease-and-desist proceedings against Oxford Capital
Management, Inc. (Oxford), an investment adviser, and its president and
majority shareholder, John G. Danz, Jr. (Danz). Oxford, located in
Towson, Maryland, has been registered with the Commission since 1983.
In the Commission's Order Instituting Public Administrative and Cease-
and-Desist Proceedings (Order), the Division of Enforcement (the
Division) alleges that from approximately June 1998 through at least May
2001, Oxford through Danz, repeatedly submitted false and inflated
performance results and the amount of assets in Oxford's Enhanced Equity
(Equity) composite to various third parties, including clients and
prospective clients, and also failed to correct false and inflated
figures submitted to Danz for review by various reporting services. In
particular, the Division alleges that during this time frame, Danz
inflated the Equity composite's performance figures for the years 1991
through 1997, thereby fraudulently raising the Equity composite's long-
term returns. As a consequence of these inflated figures, third party
reporting services inaccurately portrayed Oxford as a highly ranked
investment adviser that provided superior investment results for its
advisory clients. Moreover, Oxford was unable to demonstrate how its
advertised performance claims were calculated, and has failed to
maintain a variety of required books and records, including internal
working papers or other records that would substantiate its advertised
performance claims.
The Division alleges that Oxford and Danz failed to use previously
audited performance figures and amount of assets managed when submitting
long-term quarterly performance results of, and amount of assets managed
in, Oxford's Equity composite to clients, prospective clients, reporting
services, brokers, and consultants. Based on the false information
provided by Danz, the reporting service Nelson Investment Manager
Database ranked Oxford's Equity composite among its Top 20 Money
Managers for the periods ended December 31, 1998, December 31, 1999,
June 30, 2000, and September 30, 2001. For example, Oxford's 40-quarter
annualized return for the Equity composite as of June 30, 2000 was
portrayed as 23.39% when in fact, the actual return was only 15.68%,
which would not have qualified the Equity composite for a Top 20
ranking. Oxford distributed these materially inaccurate rankings to a
variety of potential investors. Oxford utilized the false and
misleading rankings in marketing brochures and to advertise its services
in various newspapers, including the Baltimore Business Journal and the
Baltimore Sun.
In addition, the Division alleges that Oxford, through Danz, supplied
The Mobius Group, another reporting service, with false and misleading
performance results of its Equity composite. As a result, Mobius
distributed a Manager Fact Sheet about Oxford that contained false and
misleading performance figures for the period ended December 31, 2000
and overstated figures for the amount of assets in the Equity composite
for the years 1996 through 1999. In early 2000, Oxford, through Danz,
also provided false and misleading performance figures to a third
reporting service, Effron Enterprises, Inc. The performance figures
were similar to those submitted to Nelson and Mobius and were materially
inflated in comparison to the audited numbers. Oxford, through Danz,
also provided various brokers and consultants with materially false and
misleading performance results.
Based upon the above-described conduct, the Division alleges that Oxford
willfully violated and Danz caused and willfully aided and abetted
Oxford's violations of Sections 204, 206(1), 206(2), and 206(4) of the
Investment Advisers Act of 1940 (Advisers Act) and Rules 204-2(a)(7),
(11), (16) and 206(4)-1(a)(5) thereunder.
A hearing will be scheduled before an administrative law judge to
determine whether the allegations contained in the Order are true, to
provide respondents an opportunity to dispute these allegations, and to
determine what sanctions, if any, are appropriate and in the public
interest. (Rel. IA-2061; File No. 3-10895)
COMMISSION ORDERS MARTIN JOSWICK TO CEASE-AND-DESIST FROM TOUTING SECURITIES
The Commission announced that on September 24 it issued an Order
Instituting Cease-and-Desist Proceedings, Making Findings, and Imposing
Remedial Sanctions Pursuant to Section 8A of the Securities Act of 1933
As To Martin P. Joswick (Order) against Joswick for touting the
securities of Asthma Disease Management, Inc. (ADMI) on the Internet.
The Commission simultaneously accepted an offer of settlement from
Joswick in which he consents, without admitting or denying the
Commission's findings, to an Order that he shall cease and desist from
committing or causing any violations and any future violations of
Section 17(b) of the Securities Act.
In the Order, the Commission found that Joswick was a Vice-President and
one-third owner of CyberStreet Capital.com (CyberStreet), an Internet
public relations firm based in Rochester, New York. ADMI hired
CyberStreet in January 2000 to provide various marketing and public
relations services. Pursuant to a written agreement, CyberStreet was to
receive compensation for these services in the form of ADMI stock with
the number of shares dependent upon increases in the market price of
ADMI stock. The contract provided for a base fee, plus nine different
incentive levels rewarding CyberStreet with additional shares if the
price of ADMI stock rose to each level and remained at that level for at
least five consecutive trading days. Between January and May 2000,
Joswick, along with other CyberStreet employees, performed numerous
public relations services for ADMI and ADMI issued CyberStreet 850,000
restricted and 1,850,000 unrestricted shares. Because ADMI was
CyberStreet's only client at that time, CyberStreet sold ADMI stock in
order to pay operating expenses, including Joswick's salary. Between
January and May 2000, Joswick also posted at least 53 messages on the
Raging Bull Message Board on the Internet under the moniker
"1profitmaker" recommending the purchase of ADMI stock. Joswick did not
disclose in any of these messages that he was receiving compensation
from ADMI through CyberStreet for providing public relations services to
ADMI or that his compensation from ADMI through CyberStreet would
increase if the price of ADMI stock increased.
Based on these facts, the Commission found that Joswick committed
violations of Section 17(b) of the Securities Act of 1933 by touting
ADMI securities on the Raging Bull Message Board without disclosing that
he was receiving compensation from ADMI through CyberStreet or that his
compensation from ADMI through CyberStreet would increase if the price
of ADMI stock increased. (Rel. 33-8133; File No. 3-10896)
SEC BRINGS FRAUD CHARGES AGAINST ASTHMA DISEASE MANAGEMENT, INC., ITS FORMER
PRINCIPALS AND ITS FORMER AUDITOR
On September 24, the Commission filed a civil fraud suit in the United
States District Court for the Eastern District of Pennsylvania against
Asthma Disease Management, Inc. (ADMI), George H. Young (ADMI's former
President, CEO and Chairman of the Board), Richard A. Manini (a former
director of ADMI) and Richard B. Anderson (one of ADMI's current
directors), and ADMI's former independent auditor, Colleen Erin Kelly
Bishop.
The complaint alleges that, from June 1998 through May 18, 2000, the
defendants engaged in a fraudulent marketing scheme designed to inflate
the price and increase the sale of ADMI securities. The Commission
alleges in its complaint, among other things, that: (1) ADMI, Young and
Anderson issued false and misleading press releases: (2) Anderson
personally benefited by selling stock when the market price was inflated
by the false information contained in the press releases; (3) ADMI and
Young fraudulently inflated ADMI's assets in Commission filings by at
least 70% and Bishop aided and abetted this fraud; (4) ADMI and Young
also fraudulently omitted from Commission filings material information
regarding the compensation paid to Young and the payment of commissions
to Manini; (5) ADMI, Young, Manini and Anderson sold millions of shares
of unregistered ADMI stock; (6) Young and Manini misappropriated for
their personal benefit at least $260,000 of investor funds raised from
stock sales; and (7) Manini violated the registration requirements for
broker-dealers.
The complaint charges that ADMI, Young, Manini and Anderson violated the
registration and antifraud provisions of the federal securities laws,
namely, Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933,
Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5
thereunder. Defendant Bishop is charged with aiding and abetting ADMI's
and Young's primary violations of Section 10(b) of the Exchange Act and
Rule 10b-5 thereunder. In addition, the complaint alleges that ADMI
violated - and that Young and Bishop aided and abetted ADMI's violations
of - the reporting provisions set forth in Section 15(d) of the Exchange
Act and Rules 12b-20, 15d-1 and 15d-13. Finally, the complaint alleges
that Manini also violated the broker-dealer registration provisions of
Section 15(a) of the Exchange Act. [SEC v. Asthma Disease Management,
Inc., George H. Young, Richard A. Manini, Richard B. Anderson, and
Colleen Erin Kelly Bishop, Civil Action No. 02-CV-7436 CW, EDPA] (LR-
17739; AAE Rel. 1630)
GENE PHILLIPS AND BASIC CAPITAL MANAGEMENT, INC. AGREE TO $850,000 CIVIL
PENALTY IN MARGIN CREDIT FRAUD SCHEME.
On September 24, the Commission filed a civil complaint in the United
States District Court for the District of Columbia against Gene E.
Phillips, a resident of Dallas, Texas, and Basic Capital Management,
Inc., one of the largest privately owned real estate management
companies in the United States. The complaint alleges that Phillips and
Basic Capital violated the antifraud and stock accumulation reporting
provisions of the securities laws. In settlement of the Commission's
charges, Phillips and Basic Capital consented to the entry of a judgment
ordering them to pay a civil money penalty of $850,000. This is the
most substantial penalty ever obtained in a Commission action concerning
a failure to file stock accumulation reports.
The Commission's Complaint alleges that:
* Between May 1996 and June 1997, Basic Capital and five other affiliated
entities (the Phillips Group) over which Phillips exerted significant
control collectively purchased over one million shares of the common
stock of Greenbriar Corporation, a security listed on the American Stock
Exchange. The Greenbriar holdings of the Phillips Group exceeded 5% of
those shares by July 1996 and amounted to approximately 16.1% by June
1997.
* Phillips and Basic Capital should have filed a report on Schedule 13D
with the Commission within ten days after the Phillips Group acquired
five percent of Greenbriar's outstanding shares in July 1996. They
should have amended that filing each time the Phillips Group collectively
acquired an additional one percent or more of Greenbriar's outstanding
shares. No filing was made, however, until April 9, 1998, long after
the required filing dates
The Phillips Group deposited their Greenbriar shares in margin accounts
and borrowed against those shares to fund additional stock purchases.
Because of the failure of Phillips and Basic Capital to file reports
disclosing their accumulation of Greenbriar stock, the broker-dealers
who extended margin credit to the Phillips Group did so without knowing
that the Phillips Group controlled as much as 16.1% of Greenbriar's
outstanding shares. This information would have affected the manner in
which the broker-dealers evaluated the market for Greenbriar stock and
the liquidity of the shares pledged as collateral for the margin loans.
By knowingly or recklessly failing to provide the broker-dealers with
the information required Phillips and Basic Capital commited securities
fraud.
In a related administrative proceeding, the Commission today issued an
Order requiring Phillips, Basic Capital and four related affiliates,
Nevada Sea Investments, Inc., International Health Products, Inc., One
Realco Corporation and TacCO Financial, Inc., to cease and desist from
violating the antifraud and stock accumulation reporting provisions of
the securities laws. All the respondents in that administrative
proceeding consented to the issuance of the Order. [SEC v. Basic
Capital Management, Inc. and Gene E. Phillips, Civil Action No.
1:02CV01872, D.D.C.] (LR-17740); Administrative Proceeding - Rel. 34-
46538; File No. 10898)
SEC ORDERS DYNEGY INC. TO CEASE AND DESIST FROM VIOLATING THE FEDERAL
SECURITIES LAWS; DYNEGY AGREES TO PAY $3 MILLION CIVIL PENALTY
On September 24, the Commission issued a settled cease-and-desist order
(Order) against Dynegy Inc. (Dynegy or the Company), a Houston based
corporation in the business of energy production, delivery and trading,
and filed a settled civil suit in the Southern District of Texas,
Houston Division, seeking a $3 million penalty against the Company. In
a consent filed in the civil suit, Dynegy has agreed to pay the $3
million penalty. The Commission finds in the Order, and alleges in its
civil complaint that in its 2001 Form 10-K filed with the Commission,
Dynegy improperly accounted for, and failed to disclose the financing
nature of a $300 million payment associated with a financing transaction
code-named Project Alpha (Alpha), involving special-purpose entities.
The Commission also finds in the Order, and further alleges in its
complaint that Dynegy reported, improperly, notional trading value,
volume and revenue results from two large "round-trip" energy trades -
simultaneous, pre-arranged buy-sell trades of electricity with the same
counter-party, at the same price and volume, and over the same term,
resulting in neither profit nor loss to either party.
More specifically, the Commission finds in the Order, and alleges in its
complaint that Dynegy implemented Alpha to close the widening gap
between the Company's net income and operating cash flow - by
artificially boosting, through Alpha, its 2001 cash flow from operations
by $300 million - and to achieve an Alpha-linked $79 million tax
benefit. According to the Commission's Order and complaint, Dynegy
committed financial fraud by failing to disclose in its Form 10-K the
complex financing transactions underlying Alpha, and by failing to
otherwise clarify that the $300 million Alpha-related payment was in the
nature of a loan to Dynegy, not operating cash flow. Additionally, the
Commission finds in the Order, and alleges in its complaint that Dynegy
improperly accounted in its Form 10-K for the $300 million payment.
According to the Commission in its Order and complaint, Dynegy reported,
improperly, in two Dynegy press releases certain financial and
volumetric results from the round-trip trades, both conducted on
November 15, 2001. Specifically, the Commission finds in the Order, and
alleges in its complaint that Dynegy was negligent in including in a
January 23, 2002 press release the notional trading value (price x
volume x term) of one of the round-trip trades in a discussion of
increased trading traffic on Dynegydirect, Dynegy's electronic trading
platform, and that Dynegy was negligent in including the volume, and
first quarter 2002 revenue and cost results of the other round-trip
trade in an April 30, 2002 press release. Additionally, the Commission
finds in the Order, and alleges in its complaint that Dynegy was
negligent in failing to disclose in either press release that the
reported financial and volumetric results included results from the
economically vacuous round-trip trades.
Dynegy consented to the entry of the Order, without admitting or denying
the Commission's findings. The Order requires that Dynegy cease and
desist from committing or causing any violation and any future violation
of Section 17(a) of the Securities Act of 1933 and Sections 10(b), 13(a)
and 13(b)(2) of the Securities Exchange Act of 1934 (Exchange Act) and
Rules 10b-5, 12b-20, 13a-1, 13a-13 and 13b2-1, thereunder. In addition,
Dynegy is ordered to continue to cooperate with the Commission staff in
the staff's ongoing investigation and to restate its financial
statements for its fiscal year 2001 in a manner that conforms to
Generally Accepted Accounting Principles. (Rels. 8134; 34-46537; AAE
Rel. 1631; File No. 3-10897; Press Rel. 2002-140)
INVESTMENT COMPANY ACT RELEASES
PHOENIX LIFE INSURANCE COMPANY, ET AL.
An order has been issued on an Application filed by Phoenix Life
Insurance Company, PHL Variable Insurance Company, Phoenix Life Variable
Accumulation Account, Phoenix Life Variable Universal Life Account, and
PHL Variable Accumulation Account pursuant to Sections 26(c), 17(a), and
17(b) of the Investment Company Act approving the substitution of shares
of the Federated Fund for U.S. Government Securities II, a portfolio of
Federated Insurance Series, for shares of the Phoenix-Federated U.S.
Government Bond Series, a series of the Phoenix Edge Series Fund, and
certain in kind redemptions and purchases in connection with the
substitution. (Rel. IC-25732 - September 17)
RESERVE PRIVATE EQUITY SERIES, ET AL.
An order has been issued on an application filed by Reserve Private
Equity Series, et al. under Section 12(d)(1)(J) of the Investment
Company Act granting an exemption from Sections 12(d)(1)(A) and (B) of
the Act, under Sections 6(c) and 17(b) of the Act granting an exemption
from Section 17(a) of the Act, and under Section 17(d) of the Act and
Rule 17d-1 under the Act permitting certain joint transactions. The
order permits certain registered management investment companies to
invest uninvested cash in affiliated money market funds in excess of the
limits in Sections 12(d)(1)(A) and (B) of the Act. (Rel. IC-25737 -
September 19)
UBS GLOBAL ASSET MANAGEMENT (US) INC. AND FRESCO INDEX SHARES FUNDS
A notice has been issued giving interested persons until October 10,
2002, to request a hearing on an application filed by UBS Global Asset
Management (US) Inc. and FRESCO Index Shares Funds for an order to
permit an open-end management investment company, whose series would
consist of the component securities of certain domestic or foreign
equity securities indexes, to issue shares of limited redeemability
that would trade in the secondary market at negotiated prices. The
order also would permit (a) certain affiliated persons of the series to
deposit securities into, and receive securities from, the series, (b)
dealers to sell shares of the series in the secondary market
unaccompanied by a prospectus, when the Securities Act of 1933 does not
require prospectus delivery, and (c) certain series to pay redemption
proceeds more than seven days after the tender of shares for redemption
under certain circumstances. (Rel. IC-25738 - September 18)
SELF-REGULATORY ORGANIZATIONS
IMMEDIATE EFFECTIVENESS OF PROPOSED RULES
A proposed rule change filed by the Pacific Exchange, Inc. (SR-PCX-2002-
50), and Amendment No. 1 thereto, relating to the automatic execution of
broker-dealer orders in designated option issues has become immediately
effective under Section 19(b)(3)(A) of the Securities Exchange Act of
1934. Publication of the proposal is expected in the Federal Register
during the week of September 23. (Rel. 34-46517)
A proposed rule change (SR-Phlx-2002-47) filed with the Commission by
the Philadelphia Stock Exchange, Inc. relating to an increase to 2,000
contracts for the two near term expiration months in the maximum
permissible number of Nasdaq-100 Tracking Stock (QQQ) options contracts
executable through AUTO-X has become immediately effective under Section
19(b)(3)(A) of the Securities Exchange Act of 1934. Publication of the
proposal is expected in the Federal Register during the week of
September 23. (Rel. 34-46531)
A proposed rule change filed by the National Association of Securities
Dealers relating to the extension of a pilot program making available
certain Nasdaq services and facilities until 6:30 P.M. Eastern Time (SR-
NASD-2002-118) has become effective under Section 19(b)(3)(A) of the
Securities Exchange Act of 1934. Publication of the proposal is
expected in the Federal Register during the week of September 23. (Rel.
34-46532)
APPROVAL OF PROPOSED RULE CHANGES
The Commission approved a proposed rule change (SR-PCX-2002-26) as
amended by Amendment No. 1 thereto submitted under Rule 19b-4 under the
Securities Exchange Act of 1934 by the Pacific Exchange and granted
accelerated approval to Amendment No. 2 to such proposal, which relates
to maintenance of books and records. (Rel. 34-46520)
The Commission approved a proposed rule change (SR-NASD-2002-86)
submitted under Rule 19b-4 by the National Association of Securities
Dealers, Inc. to establish and set a fee for a new data feed for the
Nasdaq InterMarket. Publication of the order in the Federal Register is
expected during the week of September 23. (Rel. 34-46534)
The Commission approved a proposed rule change submitted by the Chicago
Stock Exchange (SR-CHX-2002-05) under Rule 19b-4 requesting permanent
approval of pilot rules relating to the securities industry transition
to decimal pricing. Publication of the order in the Federal Register is
expected during the week of Publication of the order in the Federal
Register is expected during the week of September 23. (Rel. 34-46533)
PROPOSED RULE CHANGES
The National Association of Securities Dealers, through its subsidiary
The Nasdaq Stock Market, Inc., has filed a proposed rule change (SR-NASD-
2002-33) relating to fees for Nasdaq data entitlement packages.
Publication of the proposal is expected in the Federal Register during
the week of September 23. (Rel. 34-46521)
A proposed rule change (SR-CBOE-2002-46) filed by the Chicago Board
Options Exchange relating to its Autoquote Triggered EBook Execution
System has been filed under Section 19(b)(1) of the Securities Exchange
Act of 1934. Publication of the notice is expected in the Federal
Register during the week of September 23. (Rel. 34-46519)
SECURITIES ACT REGISTRATIONS
The following registration statements have been filed with the SEC under
the Securities Act of 1933. The reported information appears as
follows: Form, Name, Address and Phone Number (if available) of the
issuer of the security; Title and the number and/or face amount of the
securities being offered; Name of the managing underwriter or depositor
(if applicable); File number and date filed; Assigned Branch; and a
designation if the statement is a New Issue.
Registration statements may be obtained in person or by writing to the
Commission's Public Reference Branch at 450 Fifth Street, N.W.,
Washington, D.C. 20549 or at the following e-mail box address:
. In most cases, this information is also available
on the Commission's website: .
S-8 STATE STREET CORP, 225 FRANKLIN ST, BOSTON, MA, 02110, 6177863000 -
170,000 ($6,823,800.00) Equity, (File 333-100001 - Sep. 23) (BR. 07)
S-8 PACEL CORP, 8870 RIXLEW LANE SUITE 201, MANASSAS, VA, 20109,
7032574759 - 30,000,000 ($159,000.00) Equity, (File 333-100002 -
Sep. 23) (BR. 03)
S-8 ART TECHNOLOGY GROUP INC, 25 FIRST STREET, CAMBRIDGE, MA, 02141,
6178591212 - 0 ($2,120,000.00) Equity, (File 333-100003 - Sep. 23)
(BR. 03)
S-8 TORO CO, 8111 LYNDALE AVE SOUTH, BLOOMINGTON, MN, 55420-1196,
6128888801 - 0 ($28,025,000.00) Equity, (File 333-100004 - Sep. 23)
(BR. 36)
S-8 AMERI DREAM ENTERTAINMENT INC, 79811 "A" COUNTRY CLUB DRIVE,
BERMUDA DUNES, CA, 92201, 8009296147 - 0 ($450,000.00) Equity,
(File 333-100008 - Sep. 23) (BR. 05)
S-8 MLM WORLD NEWS TODAY INC, 3633 CAMINO DEL RIO SOUTH, SUITE 107,
SAN DIEGO, CA, 92108, 6195843100 - 4,000,000 ($800,000.00) Equity,
(File 333-100009 - Sep. 23) (BR. 08)
S-8 NVIDIA CORP, 2701 SAN TOMAS EXPRESSWAY, SANTA CLARA, CA, 95050,
408-486-2000 - 0 ($289,348,113.00) Equity, (File 333-100010 - Sep. 23)
(BR. 36)
S-8 TITAN PHARMACEUTICALS INC, 400 OYSTER POINT BLVD, SUITE 505,
SAN FRANCISCO, CA, 94080, 4152444990 - 0 ($6,450,000.00) Equity,
(File 333-100011 - Sep. 23) (BR. 01)
S-8 AT ROAD INC, 47200 BAYSIDE PARKWAY, FREMONT, CA, 94538, 94538 -
0 ($166,934,328.00) Equity, (File 333-100012 - Sep. 23) (BR. 03)
S-4 TECHNICAL OLYMPIC USA INC, 4000 HOLLYWOOD BLVD, SUITE 500N, HOLLYWOOD,
FL, 33021, 954 364 4000 -
350,000,000 ($350,000,000.00) Non-Convertible Debt, (File 333-100013 -
Sep. 23) (BR. 06)
S-8 INTERNET BUSINESS INTERNATIONAL INC,
4634 SOUTH MARYLAND PARKWAY SUITE 101, LAS VEGAS, NV, 89119,
7029680008 - 0 ($40,000.00) Equity, (File 333-100014 - Sep. 23) (BR. 04)
S-4 MERCHANTS & MANUFACTURERS BANCORPORATION INC, 14100 W. NATIONAL AVENUE,
P.O. BOX 511160, NEW BERLIN, WI, 53151, 414-827-6713 -
0 ($8,307,750.00) Equity, (File 333-100015 - Sep. 23) (BR. 07)
SB-2 GLOBAL SEAFOOD TECHNOLOGIES INC, 555 BAYVIEW AVENUE, BILOXI, MS, 39530,
228-435-3632 - 10,000,000 ($4,300,000.00) Equity, (File 333-100016 -
Sep. 23) (BR. 04)
S-8 OFFSHORE LOGISTICS INC, 224 RUE DE JEAN, PO BOX 5C, LAFAYETTE, LA,
70505, 3182331221 - 2,000,000 ($35,963,880.00) Equity,
(File 333-100017 - Sep. 23) (BR. 05)
N-2 AEW REAL ESTATE INCOME FUND, 1,000 ($15,000.00) Equity,
(File 333-100018 - Sep. 23) (BR. )
S-4 EMT CORP, 1215 13TH STREET, SUITE 301, LINCOLN, NE, 68508, 4024582370 -
16,860,000 ($1,686,000,000.00) Asset-Backed Securities,
(File 333-100019 - Sep. 23) (BR. )
SB-2 CAROLINA BANK HOLDINGS INC, PO BOX 10209, GREENSBORO, NC, 27404-0209,
3362881898 - 0 ($9,036,125.00) Equity, (File 333-100020 - Sep. 23)
(BR. 07)
S-4 FIRST NIAGARA FINANCIAL GROUP INC, 6950 SOUTH TRANSIT ROAD, PO BOX 514,
LOCKPORT, NY, 14095, 7166257500 - 0 ($66,358,000.00) Equity,
(File 333-100022 - Sep. 23) (BR. 07)
S-3 INERGY L P, TWO BRUSH CREEK, SUITE 200, KANSAS CITY, MS, 64112,
8168428181 - 0 ($1,235,526.50) Equity, (File 333-100023 - Sep. 23)
(BR. 02)
S-3 DAISYTEK INTERNATIONAL CORPORATION /DE/,
1025 CENTRAL EXPRESSWAY SOUTH STE 200, ALLEN, TX, 75013, 9728814700 -
0 ($1,543,263.00) Equity, (File 333-100024 - Sep. 23) (BR. 04)
S-8 INSTINET GROUP INC, 3 TIME SQUARE, NEW YORK, NY, 10022, 2123109500 -
1,553,151 ($8,567,311.00) Equity, (File 333-100025 - Sep. 23) (BR. 07)
SB-2 IMAGIS TECHNOLOGIES INC, 1300 1075 WEST GEORGIA STREET,
VANCOUVER BC V6E 3C9, A1, 00000, 6046842449 -
1,458,334 ($1,458,334.00) Equity, (File 333-99995 - Sep. 23) (BR. 09)
RECENT 8K FILINGS
Form 8-K is used by companies to file current reports on the following events:
Item 1. Changes in Control of Registrant.
Item 2. Acquisition or Disposition of Assets.
Item 3. Bankruptcy or Receivership.
Item 4. Changes in Registrant's Certifying Accountant.
Item 5. Other Materially Important Events.
Item 6. Resignations of Registrant's Directors.
Item 7. Financial Statements and Exhibits.
Item 8. Change in Fiscal Year.
Item 9. Regulation FD Disclosure.
The following companies have filed 8-K reports for the date indicated and/or
amendments to 8-K reports previously filed, responding to the item(s) of the form
specified. 8-K reports may be obtained in person or by writing to the
Commission's Public Reference Branch at 450 Fifth Street, N.W., Washington, D.C.
20549 or at the following e-mail box address: . In most
cases, this information is also available on the Commission's website:
.
STATE 8K ITEM NO.
NAME OF ISSUER CODE 1 2 3 4 5 6 7 8 9 DATE COMMENT
-----------------------------------------------------------------------------------
AAMES FINANCIAL CORP/DE DE X 09/20/02
ACCRED HOME LNDRS INC AC MOR LN TR 20 DE X X 07/25/02 AMEND
ALLSTATE CORP DE X X 09/12/02
ALPHANET SOLUTIONS INC NJ X X 09/17/02
AMERICAN CONSOLIDATED MANAGEMENT GROU UT X X X 09/13/02
AMR CORP DE X 09/23/02
AMR CORP DE X 09/23/02
AMYLIN PHARMACEUTICALS INC DE X X 09/19/02
APHTON CORP DE X X 09/23/02
APHTON CORP DE X X 09/23/02
APPLIED INDUSTRIAL TECHNOLOGIES INC OH X X 09/23/02
APPLIED MOLECULAR EVOLUTION INC DE X X 09/20/02
ARCHER DANIELS MIDLAND CO DE X 06/30/02
ARIAD PHARMACEUTICALS INC DE X X 09/23/02
BANC OF AMERICA COMMERCIAL MORT PASS DE X X 09/11/02
BARR LABORATORIES INC NY X 09/23/02
BAY VIEW SECURITIZATION CORP DE X 09/16/02
BAY VIEW SECURITIZATION CORP DE X X 09/19/02
BEAR STEARNS COMMERCIAL MORTGAGE SECU DE X X 09/15/02
BEAR STEARNS COMMERCIAL MORTGAGE SECU DE X X 09/17/02
BEAR STEARNS MORT SEC INC COM MORT PA NY X X 08/15/02
BICO INC/PA PA X 09/23/02
BLACK & DECKER CORP MD X X 09/23/02
BORDEN CHEMICAL INC NJ X X 09/23/02
BOYKIN LODGING CO OH X 09/23/02
BOYSTOYS COM INC DE X 09/06/02
CAMBRIDGE ENERGY CORP NV X 09/23/02 AMEND
CANARGO ENERGY CORP DE X X 09/19/02
CAPITAL CITY BANK GROUP INC FL X 05/29/02
CAPITAL TITLE GROUP INC DE X X 09/18/02
CARPENTER TECHNOLOGY CORP DE X X 09/23/02
CENTEX CORP NV X X 09/23/02
CENTRAL EUROPEAN DISTRIBUTION CORP DE X X 09/23/02
CHOICE ONE COMMUNICATIONS INC DE X 09/25/02
CKE RESTAURANTS INC DE X X 09/23/02
COMMERCIAL MORTGAGE PASS THROUGH CERT DE X X 09/17/02
COMMUNITY NATIONAL BANCORPORATION GA X 09/19/02
COUNTRYWIDE HOME LOAN TRUST HOME LOAN NY X X 09/12/02
COVAD COMMUNICATIONS GROUP INC DE X 09/18/02
CREDIT SUISSE FIRST BOSTON USA INC DE X 09/19/02
DATATRAK INTERNATIONAL INC OH X 09/23/02
DEALER AUTO RECEIVABLES CO LLC DE X X 09/16/02
DEUTSCHE RECREATIONAL ASSET FUNDING C NV X X 08/31/02
DIAL CORP /NEW/ DE X X 09/23/02
DISTRIBUTION FINANCIAL SERVICES MARIN NY X X 08/31/02
DISTRIBUTION FINANCIAL SERVICES RV MA NV X X 08/31/02
DISTRIBUTION FINANCIAL SERVICES RV TR NY X X 08/31/02
DISTRIBUTION FINANCIAL SERVICES RV TR NY X X 08/31/02
DOE RUN RESOURCES CORP NY X X 09/23/02
DOMINIX INC DE X X 09/18/02 AMEND
DYNCORP DE X 09/20/02
DYNEGY HOLDINGS INC DE X X 09/16/02
DYNEGY INC /IL/ IL X X 09/16/02
ENBRIDGE ENERGY PARTNERS LP DE X 09/23/02
ENSTAR INCOME PROGRAM II-1 LP NY X 09/23/02
ETOYS INC DE X X 09/20/02
EXUS NETWORKS INC NV X 05/11/02
FIRST HORIZON ASSET SECURITIES INC DE X X 09/23/02
FIRST NATIONAL LINCOLN CORP /ME/ ME X 09/23/02
FIRST SIERRA RECEIVABLES III INC DE X X 09/01/02
FIRST UNION COMM MORT TRUST COMM MOR NY X X 09/17/02
FIRSTFED FINANCIAL CORP DE X 09/23/02
GE CAPITAL COMMERCIAL MORT CORP MORT DE X X 09/10/02
GENERAL GROWTH PROPERTIES INC DE X 07/10/02 AMEND
GREENWICH CAPITAL ACCEPTANCE INC MRT DE X X 09/05/02
GUILFORD MILLS INC DE X 09/23/02
HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 09/30/02
HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 09/30/02
HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 09/30/02
HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 09/30/02
HARLEY DAVIDSON CUSTOMER FUNDING CORP NV X X 09/30/02
HARVARD BIOSCIENCE INC DE X X 09/23/02
HAWAIIAN ELECTRIC INDUSTRIES INC HI X 09/19/02
HEMOXYMED INC DE X X X 09/10/02
HORIZON OFFSHORE INC DE X X 09/23/02
IBERIABANK CORP LA X X X 09/23/02
ICALL SYSTEMS INC /NV/ NV X 09/09/02
IDINE REWARDS NETWORK INC DE X 09/23/02
INNOVATIVE CLINICAL SOLUTIONS LTD DE X X X 09/23/02
INPRIMIS INC FL X X 09/06/02
INSTINET GROUP INC DE X X X 09/20/02
INTEGRATED SECURITY SYSTEMS INC DE X X 09/05/02
INTERNATIONAL MULTIFOODS CORP DE X X 09/09/02
INTERNATIONAL PAPER CO /NEW/ NY X 09/21/02
IRE PENSION INVESTORS LTD-II FL X 09/20/02
ITIS INC DE X X 09/18/02
JDS UNIPHASE CORP /CA/ DE X X 09/30/02
JLG INDUSTRIES INC PA X X 09/23/02
KEY PRODUCTION CO INC DE X X 09/20/02
KNOWLEDGEMAX INC DE X 09/23/02 AMEND
KOSAN BIOSCIENCES INC CA X X 09/23/02
LECSTAR CORP TX X 05/11/02
LEVI STRAUSS & CO DE X X 09/23/02
LEXENT INC DE X 09/23/02
LIPID SCIENCES INC/ AZ X X 09/23/02
LTV CORP DE X X 09/23/02
MAGNITUDE INFORMATION SYSTEMS INC DE X 09/23/02
MAVERICK TUBE CORPORATION DE X 09/23/02
MED-DESIGN CORP DE X 09/23/02
MED-DESIGN CORP DE X 09/23/02 AMEND
MICROMUSE INC DE X X 07/24/02 AMEND
MIDAMERICAN ENERGY HOLDINGS CO /NEW/ IA X X 09/23/02
MIDAS INC DE X 09/23/02
MOLEX INC DE X 09/23/02
MONEYFLOW SYSTEMS INTERNATIONAL INC A0 X X 09/23/02
MORGAN STANLEY DEAN WITTER CAPITAL I DE X X 09/15/02
NATIONAL CITY AUTO RECEIVABLES TRUST DE X X 09/16/02
NATIONAL CITY CREDIT CARD MASTER TRUS X X 09/16/02
NATIONAL SORBENTS INC /NV/ NV X X 09/23/02
NATIONAL STEEL CORP DE X X 09/20/02
NETWOLVES CORP NY X 07/09/02 AMEND
NOBLE INTERNATIONAL LTD DE X 09/23/02
NORTHWEST BANCORP INC PA X X 09/13/02
NOVELL INC DE X 09/20/02 AMEND
NS GROUP INC KY X X 09/20/02
OCEAN RESOURCES INC DE X 09/20/02
PAN ASIA COMMUNICATIONS CORP NV X X 09/18/02
PAYCHEX INC DE X 09/20/02
PREDICTIVE SYSTEMS INC DE X X 09/23/02
PRIME RECEIVABLES CORP DE X 09/16/02
QWEST COMMUNICATIONS INTERNATIONAL IN DE X X 09/22/02
R H DONNELLEY CORP DE X 09/23/02
RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 09/23/02
RESIDENTIAL ASSET MORTGAGE PRODUCTS I DE X X 09/23/02
RESIDENTIAL FUNDING MORTGAGE SECURITI DE X X 09/23/02
RIDGEWOOD ELECTRIC POWER TRUST II DE X 09/30/02
ROBERTS REALTY INVESTORS INC GA X X 09/20/02
SECURITY BIOMETRICS INC NV X X 09/20/02 AMEND
SECURITY BIOMETRICS INC NV X X 09/20/02 AMEND
SFBC INTERNATIONAL INC DE X X 09/06/02
SMLX TECHNOLOGIES INC CO X 09/23/02
SOUTHERN STATES POWER CO INC CA X 09/16/02
SYCONET COM INC DE X X X 09/13/02
SYMANTEC CORP DE X X 09/18/02
TECHNEST HOLDINGS INC NV X 05/11/02
TEL VOICE COMMUNICATIONS INC NV X 08/13/02
TIMKEN CO OH X 09/23/02
TOREADOR RESOURCES CORP DE X X 09/18/02
TRIAD AUTOMOBILE RECEIVABLES TRUST 20 DE X X 09/12/02
TRIANGLE PHARMACEUTICALS INC DE X X 09/20/02
UICI DE X X 09/23/02
UNITED PAN EUROPE COMMUNICATIONS NV X 09/23/02
UNIVERSAL CORP /VA/ VA X 09/20/02
UNIVERSAL MONEY CENTERS INC MO X 09/23/02
VENTURES NATIONAL INC UT X 08/30/02 AMEND
VISKASE COMPANIES INC DE X X 09/20/02
WACHOVIA COMMERCIAL MORT PASS THRU CE NC X X 09/17/02
WELLS FARGO ASSET SECURITIES CORP DE X X 09/23/02
WFS FINANCIAL 2002-1 OWNER TRUST DE X X 09/20/02
WFS FINANCIAL 2002-3 OWNER TRUST CA X X 09/20/02
WGL HOLDINGS INC VA X 09/19/02
WILSON GREATBATCH TECHNOLOGIES INC DE X 07/09/02 AMEND